WUTH v. LABORATORY CORP. OF AMERICA

Nos. 71497-0-I, 71498-8-I, 71553-4-I.

359 P.3d 841 (2015)

Oliver L. WUTH, a minor, by and Through his Guardian ad litem Keith L. KESSLER; and Brock M. Wuth and Rhea K. Wuth, husband and wife, Cross-Appellants, v. LABORATORY CORPORATION OF AMERICA, a foreign corporation; Dynacare Laboratories, Inc., a foreign corporation; Dynacare Northwest, Inc., a domestic Corporation, Inc., d/b/a Dynacare Laboratories, Inc., King County Public Hospital District No. 1, d/b/a Valley Medical Center; et al., Cross-Respondents, and James A. Harding, M.D.; and Obstetrix Medical Group of Washington, Inc., P.S., a domestic corporation, Respondents.

Court of Appeals of Washington, Division 1.

August 24, 2015.


Attorney(s) appearing for the Case

Anthony Todaro , Melissa O'loughlin White , Megan Kathleen Kirk , Corr Cronin LLP, Kevin Anthony Michael , Attorney at Law, Sherry Hemming Rogers , Melinda Drogseth , Lee Smart , Craig Lawrence McIvor Lee Smart PS Inc., Steven P. Caplow , Davis Wright Tremaine LLP, Seattle, WA, for Appellants.

Mary K. McIntyre , Amy K. Robles , McIntyre & Barns PLLC, Mary H. Spillane , Fain Anderson, et al., Seattle, WA, for Defendants.

Todd Whitney Gardner , Attorney at Law, Peter Erik Meyers , Swanson Gardner, Renton, WA, Howard Mark Goodfriend , Catherine Wright Smith , Smith Goodfriend PS, Seattle, WA, for Respondents.

Barbara Allan Shickich , Brett S. Durbin , Riddell Williams P.S., Seattle, WA, Amicus Curiae on behalf of Washington State Hospital Association.


¶ 1 After their son, Oliver, was born with severe birth defects, respondents Brock and Rhea Wuth brought suit against Dr. James Harding and his employer, Obstetrix (Dr. Harding), Valley Medical Center (Valley) and Laboratory Corporation of America (LabCorp), in their own capacity and on behalf of their son, for claims of wrongful...

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